Special Meeting eSummary
February 27
, 2007

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SUMMARY

BERKELEY CITY COUNCIL SPECIAL MEETING

Tuesday, February 27, 2007

5:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA

Preliminary Matters

Roll Call - 5:00 p.m.  All present  (Olds/Moore present 5:05 p.m.; Worthington present 5:15 p.m.).

Public Comment – Limited to items on this agenda only – None.

Discussion and Direction


1.      BAPAC Alcohol Regulations – Social Host (PDF, 15 KB) (First reading - January 30, 2007 - Noes - Worthington; Abstain - Maio, Continued from February 13, 2007)

From: City Manager

Recommendation:  Adopt second reading of Ordinance 6,968–N.S adding new Chapter 13.49 to the Berkeley Municipal Code (Social Host).

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

 

Direction from February 27, 2007 to further define  "knowingly" and exempt students who self-report (requested by Mayor Bates).

2.      BAPAC Proposals—Follow-up Report on Second Response Ordinance Amendments (PDF, 40 KB) (Continued from February 13, 2007)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Sections 13.48.030, 13.48.040 and 13.48.050 of the Berkeley Municipal Code (Second Response Ordinance; Attachment 1-A.)

Financial Implications: See report.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Direction from February 27, 2007:  Go back to 60 days for second responses, provide more flexibility for the City Manager on the fines; provide consideration for those who self-report; provide some type of consideration if the host is not able to clear out the party after the first response (requested by Mayor Bates).  In addition, provide information regarding the number of times police have responded to out of control parties in the last year, the number of second response notices issues, and the number of times a second response fine has been imposed (requested by Councilmember Wozniak).

Public Comments (Items 1 & 2) – 14

 

Action – Items 1 & 2:  Gave direction to staff to redraft the provisions to:

(1)    Provide that an additional 120 days to be tacked to the days left if a there is a third violation within the 120 day time frame (Second Response Ordinance);

(2)    Provide options (Social Host Ordinance) regarding “reasonably should have known” vs. “permit”;

(3)    Consider violations of the Social Host Ordinance as infractions and violations of Second Response Ordinance under “Administrative Citation” provisions.

Discussion and Possible Action

Public Comments – 1

3.      Amendment To BMC Zoning Ordinance Regarding Alcohol Use Permit And First Offenses By Food Establishments (PDF, 10 KB)

From: Councilmember Spring

Recommendation: That the council refer to the Planning Commission an amendment to the Zoning Code a provision that would allow a waiver for food establishments first time offenses of alcohol regulations.

Financial Implications: See report

Contact: Dona Spring, Councilmember, District 4, 981-7140

Action:  M/S/C - Spring/Maio – Referred to the Planning Commission with additional request to consider/review waivers granted by the Alcoholic Beverage Control (ABC). (Noes – Wozniak)

 

Supplemental Communications and Reports 1 (PDF, 4 KB)

Item 1: BAPAC Alcohol Regulations – Social Host

1.      Marie Bowman, Berkeley Alliance of Neighborhood Associations

Item 3: Amendment To BMC Zoning Ordinance Regarding Alcohol Use Permit And First Offenses By Food Establishments

2.      Supplemental Report submitted by Councilmember Dona Spring (PDF, 88 KB)

 

Supplemental Communications and Reports 2 (PDF, 4 KB)

Items 1 and 2: BAPAC Alcohol Regulations

3.      John Cummins

 

Supplemental Communications and Reports 3 (PDF, 4 KB)

Items 1 and 2: BAPAC Alcohol Regulations

4.      Supplemental report, submitted by Office of the Mayor (PDF, 79 KB)

5.      Charlie Friedmann, Igor Tregub, and Kenan Wang

Item 3: Amendment To BMC Zoning Ordinance Regarding Alcohol Use Permit And First Offenses By Food Establishments

6.      Joan Kiley

 

Adjournment

M/S/C – Worthington/Moore – adjourned at 6:30 p.m.